There are various categories under the UK Immigration Rules. If you want to remain in the UK you need to meet eligibility requirements for one of the many visa categories. However, there might be situations in which you fail to meet one or more requirement. In such a scenario it is not possible for the UK Home Office to allow you to remain in the UK.
Here come the exceptional and compassionate circumstances where the Home Office finds that not allowing you to remain in the UK would breach your human rights or otherwise be considered ‘unjustifiably harsh’, even if you do not qualify under the Rules. Discretionary Leave (‘DL’) is one of the tools the Home Office can use to deal with such scenarios.
Applications for exceptional circumstances are currently lodged under Appendix FM if your case falls under family life.
Discretionary leave applies in both asylum and non-asylum cases from within the UK. Anyone applying from outside the UK will not be considered for discretionary leave.
Discretionary leave might be granted on medical grounds also where Article 3 claims are raised, where your circumstances meet the findings of Supreme Court in AM (Zimbabwe) V. SSHD [2020] UKSC 17. This encompasses a variety of circumstances, but the most common may include but not be limited to the following:
Discretionary leave to remain on medical grounds directly relates to Article 3 of the ECHR, which refers to freedom from torture and inhuman or degrading treatment. You need to give documentary evidence to prove your medical conditions that are strong and compelling to support your leave to remain in the UK.
Other than medical grounds, there are many different circumstances where discretionary leave to remain may be justified. For example, you may be subject to the risk of being a victim of modern slavery or human trafficking if you are denied leave to remain in the UK. Again, you need to give significant evidence of a risk of you being re- trafficked or evidence of you being harmed by those who might want to exploit you. In addition, discretionary leave to remain may be granted in the following general circumstances:
The decision on whether to grant or not discretionary leave is judged on a case-by-case basis, and individual factors and circumstances will always influence the decision- making process.
You must apply online for discretionary leave to remain. If you are applying for the first time you must either fill out form FLR (HRO). If you are applying for an extension on your existing discretionary leave to remain you must fill out form FLR (DL) if granted Discretionary leave before 2012.
As part of the application process, you must pay the application fee of £1,258, the immigration health charge of £1035 a year for applicants who are 18 or over, or £776 a year for applicants under 18, and also make an appointment to give your biometrics information for you to receive a biometric residence permit.
In case you are unable to afford to pay the fee you can opt for a fee waiver. You can find more information on fee waiver here
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